Texas Sexting Laws: Legal Consequences and Penalties

Texas handles minor-to-minor sexting under Tex. Penal Code §43.261, a dedicated statute that classifies a first offense as a Class C misdemeanor rather than a felony. A court that finds a minor committed the offense may order the minor to complete a sexting education program.

Texas Teen Sexting Law (§43.261)

Texas enacted a specific teen sexting statute in 2011, codified as Penal Code §43.261, titled "Electronic Transmission of Certain Visual Material Depicting Minor." This law applies exclusively to defendants under 18 years old and provides an alternative to the much harsher child pornography statutes.

Under this law, a minor commits an offense if they intentionally or knowingly:

• Promote (send, distribute, or share) by electronic means visual material depicting a minor engaging in sexual conduct to another minor, if the actor produced the material or knows another minor produced it
• Possess in electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the material or knows another minor produced it

What Counts as "Sexual Conduct"?

Texas law defines "sexual conduct" broadly under Penal Code §43.25. It includes:

• Sexual intercourse (actual or simulated)
• Masturbation
• Deviate sexual intercourse
• Lewd exhibition of the genitals, anus, or female breast (including the nipple)
• Any act intended to arouse or gratify sexual desire

This means that a nude selfie showing genitals or female breasts would qualify as depicting "sexual conduct" under Texas law, even if the image shows nothing explicitly sexual happening.

Penalties for Teen Sexting

Penalties under §43.261 escalate based on prior convictions and whether the offender acted with intent to harass:

Standard Offenses

Offenses With Intent to Harass

If a minor promotes (sends or distributes) visual material with intent to harass, annoy, alarm, abuse, torment, or embarrass another person, the penalties increase:

Additional Court Requirements

Under Code of Criminal Procedure Art. 45A.458, a justice or municipal court that finds a defendant committed an offense under §43.261 may enter an order requiring the defendant to attend and successfully complete an educational program described by Education Code §37.218, or another equivalent educational program. If the court determines the defendant or the defendant's parent is financially able to pay, it must require them to pay the cost of that program.

That is the whole of what the article authorizes. Community service and counseling are not part of it, and the article does not create a separate power to impose a fine beyond the fine attached to the offense class itself.

Community service does enter, but by a different route. Art. 45A.459 lets a justice or judge allow a defendant younger than 17 who is assessed a fine or cost for a Class C misdemeanor to discharge all or part of it by performing community service, capped at 200 hours. That service may be satisfied by attending a counseling or self-improvement program, among other options, so counseling reaches a sexting case as a way of working off a fine rather than as a stand-alone sentence.

Note on the citation: Chapter 45 of the Code of Criminal Procedure, which contained the former Art. 45.0216, was repealed and recodified as Chapter 45A by HB 4504, 88th Legislature, effective January 1, 2025. Older articles and secondary sources that still cite Art. 45.0216 are pointing at a provision that no longer exists.

Affirmative Defenses

Texas law provides several defenses that, if proven, require the court to acquit the defendant:

Dating Relationship Defense

Under §43.261(e), it is an affirmative defense that:

• The visual material depicted only the defendant or another minor who is not more than two years older or younger than the defendant
• At the time the offense occurred, the defendant and the minor depicted were in a dating relationship or married
• The defendant did not promote (share) the material to anyone other than the minor depicted

This is often called a "Romeo and Juliet" defense. It protects teens in relationships who privately share images only with each other.

Unsolicited Receipt Defense

Under §43.261(f), a defendant has a defense to prosecution if:

• The defendant did not produce or solicit the visual material
• Another minor sent the material to the defendant
• The defendant destroyed the material within a reasonable time after receiving it

This protects minors who receive unsolicited images and promptly delete them.

Important Limitations

Section 43.261 contains no separate list of circumstances that cancel these defenses. The limits are built into the defenses themselves, and they are narrow:

• The dating-relationship defense under §43.261(e) requires that the material was promoted or received only to or from the defendant and the depicted minor. Sharing it with anyone else defeats the defense.
• The unsolicited-receipt defense under §43.261(f) applies only if the defendant did not produce or solicit the material, possessed it only after another minor sent it, and destroyed it within a reasonable amount of time.

Conduct such as coercing, threatening, or paying a minor for images is not carved out of §43.261 by its own text. It is instead reached by separate statutes, such as §43.25 (sexual performance by a child) or §43.26, which have their own elements and their own defenses.

AI-Generated Imagery (2023-2025 Updates)

Texas has updated its sexting laws to address emerging technology concerns:

2023 Amendment (HB 2700)

The 88th Texas Legislature passed HB 2700, adding subsection (b-1) to §43.261. This expanded the definition of prohibited visual material to include:

• Depictions of a recognizable minor (by face, likeness, or distinguishing characteristics)
• Images created, adapted, or modified using AI or computer software
• So-called "deepfake" imagery that superimposes a minor's likeness onto explicit content

2025 Amendment (SB 1621)

Effective September 1, 2025, SB 1621 from the 89th Legislature further expanded the law to include:

• AI-generated depictions of minors that, to a reasonable person, are virtually indistinguishable from an actual minor
• This applies even if no real minor's image was used in creating the material

These amendments mean that completely AI-generated child sexual abuse material (CSAM) is now covered under Texas sexting laws, regardless of whether any actual child was depicted or harmed.

Child Pornography Laws (§43.26)

While §43.261 provides reduced penalties for minor-to-minor sexting, the more serious child pornography statute at Penal Code §43.26 applies when:

• An adult possesses, accesses, or distributes sexual images of minors
• A minor's conduct falls outside the §43.261 framework
• The material was commercially produced or distributed
• Prosecutors choose to charge under the more serious statute

Penalties Under §43.26

Effective September 1, 2025, possession is graded primarily by how many images the defendant possesses, not by counting prior convictions. A first-time offender with a large image count can face the same felony exposure as a repeat offender.

Two conflicting versions of the promotion penalty are on the books right now. The 89th Legislature passed two bills in 2025 that amended §43.26(g) in different ways, and both took effect September 1, 2025, so the statute prints both texts side by side. The promotion tiers in the table above follow SB 1621 (Ch. 847). HB 1778 (Ch. 250) instead grades every promotion offense a first-degree felony outright, with a 15-year minimum where the defendant has a prior conviction under the section and the material contained 50 or more depictions or depicted conduct constituting an offense under §22.011(a)(2). Until a court or the Legislature resolves the conflict, anyone facing a promotion charge should assume first-degree felony exposure is possible.

Adults Sexting With Minors

Adults (18 and older) who engage in sexting with minors cannot be charged under §43.261, which applies only to minor defendants. Instead, adults face prosecution under more serious statutes:

Possession or Promotion of Child Pornography (§43.26)

An adult who receives, possesses, or distributes sexual images of minors faces felony charges as described above.

Sexual Performance by a Child (§43.25)

Under Penal Code §43.25, an adult who induces, employs, authorizes, or causes a child to engage in sexual conduct (including creating explicit images) commits:

• Second-degree felony if the child is 14-17 years old (2-20 years prison)
• First-degree felony if the child is under 14 years old (5-99 years or life)

Online Solicitation of a Minor (§33.021)

Under Penal Code §33.021, an adult who uses electronic communications to solicit a minor to engage in sexual conduct or send sexual images commits a serious felony offense.

Sending Unwanted Explicit Images (§21.19)

Texas also prohibits sending unsolicited sexually explicit images to anyone, regardless of age. Under Penal Code §21.19, a person commits an offense by knowingly transmitting visual material that:

• Depicts any person engaged in sexual conduct or with exposed intimate parts
• Is sent without the recipient's request or express consent

This law, sometimes called the "cyberflashing" statute, is a Class C misdemeanor punishable by up to a $500 fine. It applies equally to images of adults or minors and does not require that the sender be depicted in the image.

Revenge Porn Laws (§21.16)

Texas has a separate statute addressing the non-consensual sharing of intimate images. Under Penal Code §21.16, "Unlawful Disclosure or Promotion of Intimate Visual Material," a person commits an offense by:

• Disclosing intimate visual material without the depicted person's consent
• Acting with intent to harm the depicted person
• Knowing the material was obtained under circumstances where the depicted person had a reasonable expectation of privacy

This offense is a state jail felony, punishable by 180 days to 2 years in state jail and fines up to $10,000.

Juvenile vs. Adult Court

In Texas, the juvenile justice system generally handles offenders ages 10-16. Seventeen-year-olds are typically prosecuted as adults under Texas law.

Juvenile Court Proceedings

For defendants under 17 charged with Class C misdemeanor sexting:

• Cases are typically handled in justice courts or municipal courts
• Courts may order a sexting education program under Art. 45A.458, and may let a defendant under 17 work off a fine or cost through community service under Art. 45A.459
• The focus is on rehabilitation rather than punishment

For more serious charges (Class A or B misdemeanors), cases may be handled in juvenile court with possible adjudication of delinquency.

Transfer to Adult Court

In rare cases involving serious felony charges (such as child pornography under §43.26), prosecutors may seek to transfer a juvenile case to adult court through certification proceedings.

Sex Offender Registration

One of the key benefits of being charged under §43.261 rather than §43.26 is that teen sexting convictions do not require sex offender registration.

Under Code of Criminal Procedure Chapter 62, the offenses that require sex offender registration are specifically listed. The §43.261 teen sexting offense is not included on this list.

However, if a minor is charged under the child pornography statute (§43.26) or other listed sex offenses, registration may be required. This is one reason why the existence of the teen sexting statute is so important for young people who make mistakes.

Long-Term Consequences

Even though teen sexting under §43.261 carries relatively light statutory penalties, a conviction can still have lasting impacts:

Criminal Record

• A misdemeanor conviction remains on your record unless expunged
• May appear on background checks for employment, housing, or education
• Could affect college admissions or financial aid eligibility

Expungement Possibilities

Under Code of Criminal Procedure Art. 45A.463, a person convicted only once of an offense under §43.261 may apply, on or after their 17th birthday, to the court in which they were convicted to have the conviction expunged. The request must be in writing and under oath, and must state that the person was not convicted of any additional offense. The court must order the expunction if it finds the person was not found to have engaged in conduct indicating a need for supervision under Family Code §51.03(b)(6) while a child. A $30 reimbursement fee applies. Once the order is entered, the person is released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose.

This is a separate track from the general expunction procedures in Code of Criminal Procedure Chapter 55A.

Social and Emotional Impact

• Images shared online can be extremely difficult to remove permanently
• Victims may experience ongoing harassment, anxiety, or depression
• Both senders and depicted individuals may face social stigma

More Texas Laws

• Texas Age of Consent Laws
• Texas Deepfake Laws
• Texas Expungement Laws

Frequently Asked Questions

Can a minor be charged with child pornography in Texas?

Yes. While Texas has a specific teen sexting law (§43.261), prosecutors retain discretion to charge minors under the more serious child pornography statute (§43.26) depending on the circumstances. Factors that might lead to felony charges include: large quantities of images, distribution to many people, involvement of coercion, or images depicting very young children.

What if both teens are the same age?

Same-age teens can still be charged under §43.261. However, if they are in a dating relationship and only shared images privately between themselves (and the images depicted only themselves or each other), the dating relationship defense may apply.

Is it illegal to keep intimate photos of my ex?

If you are a minor and the photos depict a minor, possessing them may violate §43.261 or §43.26. If you are an adult, possessing intimate images of a minor is illegal regardless of when you received them or your relationship at the time. Additionally, sharing such images without consent could violate the revenge porn statute (§21.16).

What if I delete the images immediately?

Prompt deletion can be an affirmative defense under §43.261(f), but only if you did not produce or solicit the images. Destroying evidence after learning of an investigation could result in additional charges for obstruction or tampering with evidence.

Can parents be charged for their child's sexting?

Generally, parents are not criminally liable for their child's sexting unless they actively participated, encouraged, or facilitated the conduct. However, parents should be aware that they could face civil liability in some circumstances.

What about sexting between two consenting adults?

Sexting between consenting adults is legal in Texas. However, sending unsolicited explicit images, even between adults, can violate §21.19. Additionally, sharing intimate images without consent can violate the revenge porn statute.

What is the statute of limitations for teen sexting?

As a misdemeanor offense, the statute of limitations for §43.261 is two years from the date of the offense under Code of Criminal Procedure Art. 12.02.